Fleming v. Monongahela Railway Co.

MilleR, Judge:

The action is in case for the ■alleged unlawful entry by defendant upon plaintiffs’ land adjoining land owned by it, and -doing damages thereto by mailing deep cuts and excavations "thereon and for removing the lateral support thereto to which "they were lawfully entitled.

There was a verdict and judgment for plaintiffs for $5,- • 375.00, to which judgment the defendant sued out the present writ of error.

Upon the trial plaintiffs proved as a part of their case the récord of the verdict and judgment in a proceeding in condemnation against them whereby defendant, as successor, ac-…